The applicable regulations in homes
The legal category of “housing” has undergone an evolution over time. Broadly speaking, it has gone from a simple cabin to protect us from inclement weather to being a legal entity regulated by a very wide range of regulations. As an example of this progression we can consider the self-constructions of the sixties and fifties, then the buildings with the constructive regulations of the NBE of the 80s to the much more exhaustive regulation that defines the LOE and the CTE since 2006.
To the specific regulation of the field of construction itself and the regulations of urban planning must be added that which concerns the area of habitability, which defines minimum parameters of comfort (ventilation and natural light, spaciousness of spaces, good conservation of the facilities, definition of the capacity to occupy the living space, etc.).
A long time ago, it was enough just to describe the meters and the situation of a home for it to be possible as such. At the present time it is necessary to comply with a large number of building and urban regulations to deed a home.
The year of construction of the building and the date of creation of the house.
Another aspect to consider is that the creation of a home does not necessarily coincide with the construction date of the property in which it is located . We can see this in the following example: we have an office building from the sixties in which we want to convert an office into a home. From the point of view of obtaining the habitability certificate, it will be necessary to consider that the house will be created at the current time. Therefore, this home will have to comply with the current habitability regulations (decree 141/2012 and the specific points of annex 1) much more demanding than the regulations of the date of construction of the property.
The certificate of occupancy and the age of the home
In order to obtain the certificate of occupancy for the first or second occupancy, which is compulsory to rent, sell, or deed, it is necessary to comply with the applicable regulations on the date of creation of the home . For this reason, the autonomous entities in charge of granting the occupancy certificate require proof of antiquity in order to know which habitability regulations must be applied.
Therefore, in the application for the certificate of habitability, at the same time as the certificate of habitability signed by an architect, it will be necessary to provide the habitatge department documentation proving the age of the home.
It must be taken into account that in Catalonia, since 1984 the habitability of the home and the granting of the identity card is regulated by a large number of successive decrees.
- Decree 129/1984 on the authorization of the certificate of habitation
- Decree 346/1983 , on the level of objective habitation required by habitats
- Decree 274/1995 , on the level of objective habitation required by habitats
- Decree 28/1999 , on minimum requirements for habitation in buildings
- Decree 259/2003 , on minimum requirements for habitation in the buildings of habitation and of the certificate of habitation
- Decree 55/2009 , on the conditions of habitation of the habitats and the certificate of habitation
- Decree 141/2012 , It is regulating the minimum conditions of habitation of the habitations and the certificate of habitation
Prove the seniority before the departament d’habitatge
If a home was created in 2006 it will have to have a first occupancy certificate, which was granted proving in the habitatge department that the legal building processes had been followed, having provided not only a certificate of first occupation habitability but also a final certificate of work, an accreditation of quality control and other documents that in turn guarantee compliance with the corresponding building regulations.
At the present time, this home, which would have the expired first occupancy certificate , should obtain the second occupancy certificate. To obtain it, architects must certify that the habitability parameters of the applicable decree are met on the date of the creation of this home, decree 259/2003 in this case.
The departament d’Habitatge will require a document that proves the age of this home and that it corresponds to the application of decree 259/2003. To this end, the administration, in a good number of informative circulars, establishes several documents to prove seniority:
Circular No. 2 on the documentation proving the age of the home in the application for the certificate of occupancy of second occupation:
- Report of age of home use prior to August 11, 1984: only valid for processing second occupancy certificates for pre-existing homes prior to August 11, 1984.
- First registration new construction declaration registry.
- Public deed stating the use of the home.
- Acceptance of inheritances.
- Municipal certificate accrediting seniority of home use.
- Building license or building license plans.
- Endorsed plans of the execution project.
- Final certificate of work visa.
- Certificate of the cadastre where the year from which it is recorded as housing use is justified.
- Aerial photograph of the Cartographic Institute of Catalonia of the year of construction and the current aerial photograph to verify that it is the same construction. Only valid for single-family .
- OVC Cadastre Sheet only for single-family
- Final qualification for officially protected housing
- Other documents issued before a notary public.
Circular No. 5 on the documentation proving the age of the home in the application for the certificate of occupancy of second occupation:
- Seniority accreditation technical report
This report consists of two parts. In the first, the technician specifies the construction systems and finishing materials which are prior to August 11, 1984. This according to a visual inspection. In the second it is necessary to provide a minimum of four photos of the house including at least one of the facade.
Circular No. 6 on the declaration of responsibility as a document certifying the age of the dwellings in the processing of certificates of occupancy of second occupation:
In the case of certificates of occupancy for dwellings prior to August 11, 1984, the responsible declaration document will be the only one admitted.
In the case of homes with antiques between August 11, 1984 and November 2, 2012, the responsible declaration is considered a priority to prove seniority, alternatively admitting other documents admitted by law.
The administration reserves the ability to require documents that prove the content of the responsible declaration. The acceptance criteria are those indicated in circular 2. In the case of dwellings prior to August 11, 1984, the report referred to in circular 5 is also accepted.
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